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USER AGREEMENT
This User Agreement ("Agreement") is an agreement between Tuneworkz.com ("Tuneworkz"), and the party set forth in the related order form ("Customer" or "you") incorporated herein by reference (together with any subsequent order forms submitted by Customer, the "Order Form"), and applies to the purchase of all services ordered by Customer on the Order Form (collectively, the "Services").
Purchase the service of Tuneworkz indicates that you have read, understood and agreed to be bound by the terms & conditions as stipulated in this agreement. Your use of our services constitutes your acknowledgement and acceptance of this agreement.
Permission to Host Your Content
For us to host your website, it is necessary for you to upload your content to our servers. When you do this uploading, you are creating one or more copies of your content on our system. By purchasing hosting services from us, you acknowledge that these copies are being made, and give us the permission (a license) to maintain these copies and make them available to users of the Internet. You are solely responsible for providing all of the content and other data that make up your website.
We try our best efforts to provide the services 24 hours a day, 7 days a week for as long as you have paid for them. Sometimes, however, for a number of reasons, the services may be unavailable to you. You recognize and acknowledge that due to the nature of web hosting technology, occasional unavailability of the services cannot be avoided. Sometimes there are equipment malfunctions. At other times we undertake periodic maintenance procedures or repairs. Still other times, there are causes beyond our control like power failures, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network traffic and other occurrences. We do not promise and make no warranty that our hosting service will be uninterrupted all the time.
We collect only minimal personal information when you make a purchase with us. We do not collect nor storing your financial data like credit card information during your purchase. We will however take serious care about your personal and private information that make available to us during your purchase. We do not sell, trade, barter, exchange, rent or share your personal information to third party, but we will take reasonable steps to keep it from being disclosed to any third party.
We may occasionally send you email newsletter regarding our company activities, event update, and latest promotions to customers. You may however opt to exclude from our mailing list if you prefer not to receive such information. Unsubscribe information and link will be always shown in the bottom part of our email newsletter.
Customers are entitled of full web hosting cost refund if cancellation request is made within first 21 days after signing up of service. Refund of charge is excluding any setup fees and domain registration fees charged during signed up. Refund request maybe made through email notification or phone call up.
We do not automatically renew customers account and any signed up service after its expiration date. Customers must manually renew own account and any signed up services before expiration, failed to do so may result in termination and disruption of related services. We will send out email notification to customers 15 days before the service expiration date.
We reserve the rights to terminate or suspend customer account, at our sole discretion and without notice, for situations of failure to make payment to us after service expiration date.
This policy aims to govern your use of our products and services provided to you. We may take preventative or corrective action, at our discretion, in response to any of the activities described in this AUP, along with any activities that contradict the spirit of this policy or the nature of the Internet as an open, efficient method of communicating and conducting business.
Our services may only be used to engage in lawful activities. Examples of unlawful activities that are prohibited by this AUP include, but are not limited to:
Customers shall not use Tuneworkz's services to engage in pornography. This includes uploading or publishing material that would commonly be considered "indecent," "appealing to the prurient interest" or referred to as "adult" material. In addition, linking to these sites is not allowed.
Customers may not engage in activities that infringe or misappropriate the intellectual property rights of others. This includes, but is not limited to, infringing copyrights, trademarks, service marks, trade secrets, software or patents held by other individuals, corporations or entities. Tuneworkz will cancel the account of any customer who knowingly infringes intellectual property laws.
Customers must not engage in any activity that disrupts the quiet enjoyment or use of the Internet or Tuneworkzs services by others. Disruptive activities include, but are not limited to:
We reserve the rights, at our sole discretion and without notice, to determine whether a particular activity is within scope of this prohibition.
Customers are prohibited from involving or taking part in following activities.
a. to resell, trade, rent or exchange any of Tuneworkzs products and services to other customers and/or 3rd party users;
b. to provide account access and email services to other customers and/or 3rd party users;
c. to install 3rd party scripts or software programs in Tuneworkzs servers without acknowledgement and written consent from Tuneworkz;
d. to utilize Tuneworkzs server as email newsletter broadcasting server;
e. to send out mass mailings to other customers and/or 3rd party recipients.
We reserve the rights to cancel or suspend customer account, at our sole discretion and without notice, for situations of violate any of above stipulated acts and conditions.
In General. When we become aware of a violation of our AUP, it is at our sole discretion to respond in the manner we believe to be appropriate for stopping the offending activity, including but not limited to, removing or blocking access to material, shutting down a web site, blocking offending transmissions, deleting an account and all associated information and files. No credits or refunds will be issued for any account that is cancelled due to a violation of this AUP, whether or not it is later proven that an actual AUP violation occurred.
We reserve the rights to use our best judgment to determine who bears the burden of proof for alleged AUP violations. We also reserve the right to take any and all action that we deem appropriate and bear no responsibility for verifying/investigating complaints and responses.
This User Agreement ("Agreement") is an agreement between Tuneworkz.com ("Tuneworkz"), and the party set forth in the related order form ("Customer" or "you") incorporated herein by reference (together with any subsequent order forms submitted by Customer, the "Order Form"), and applies to the purchase of all services ordered by Customer on the Order Form (collectively, the "Services").
Purchase the service of Tuneworkz indicates that you have read, understood and agreed to be bound by the terms & conditions as stipulated in this agreement. Your use of our services constitutes your acknowledgement and acceptance of this agreement.
PART I. General Service Terms
Permission to Host Your Content
For us to host your website, it is necessary for you to upload your content to our servers. When you do this uploading, you are creating one or more copies of your content on our system. By purchasing hosting services from us, you acknowledge that these copies are being made, and give us the permission (a license) to maintain these copies and make them available to users of the Internet. You are solely responsible for providing all of the content and other data that make up your website.
Service Availability
We try our best efforts to provide the services 24 hours a day, 7 days a week for as long as you have paid for them. Sometimes, however, for a number of reasons, the services may be unavailable to you. You recognize and acknowledge that due to the nature of web hosting technology, occasional unavailability of the services cannot be avoided. Sometimes there are equipment malfunctions. At other times we undertake periodic maintenance procedures or repairs. Still other times, there are causes beyond our control like power failures, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network traffic and other occurrences. We do not promise and make no warranty that our hosting service will be uninterrupted all the time.
Personal Information & Privacy Policy
We collect only minimal personal information when you make a purchase with us. We do not collect nor storing your financial data like credit card information during your purchase. We will however take serious care about your personal and private information that make available to us during your purchase. We do not sell, trade, barter, exchange, rent or share your personal information to third party, but we will take reasonable steps to keep it from being disclosed to any third party.
We may occasionally send you email newsletter regarding our company activities, event update, and latest promotions to customers. You may however opt to exclude from our mailing list if you prefer not to receive such information. Unsubscribe information and link will be always shown in the bottom part of our email newsletter.
Cancellation & Refund
Customers are entitled of full web hosting cost refund if cancellation request is made within first 21 days after signing up of service. Refund of charge is excluding any setup fees and domain registration fees charged during signed up. Refund request maybe made through email notification or phone call up.
Renewal
We do not automatically renew customers account and any signed up service after its expiration date. Customers must manually renew own account and any signed up services before expiration, failed to do so may result in termination and disruption of related services. We will send out email notification to customers 15 days before the service expiration date.
Termination
We reserve the rights to terminate or suspend customer account, at our sole discretion and without notice, for situations of failure to make payment to us after service expiration date.
PART II. Acceptable Use Policy (AUP)
This policy aims to govern your use of our products and services provided to you. We may take preventative or corrective action, at our discretion, in response to any of the activities described in this AUP, along with any activities that contradict the spirit of this policy or the nature of the Internet as an open, efficient method of communicating and conducting business.
Lawful and Legal Use
Our services may only be used to engage in lawful activities. Examples of unlawful activities that are prohibited by this AUP include, but are not limited to:
• Child Pornography We do not knowingly host and we prohibit use of our services for the distribution or dissemination of child pornography. We consider "child pornography" to be a visual depiction of a minor (child younger than 18) - or any person explicitly or by implication described to be a minor who is engaged in sexually explicit conduct. | ||||||
• Online Gambling You may not use our services to engage in the online making, receiving, recording or forwarding of bets or offers to bet. You may not link to sites that engage in such activities. | ||||||
• Electronic Crimes and Security Customers are prohibited from engaging in the activities that create a security risk for us and our customers, such activities include, but not limited to:
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• Illegal Business Activities Customers are not allowed to engage in business activities that are deemed illegal by Tuneworkz. These activities include advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, or other scams; offering to sell or selling licensed pharmaceuticals or drugs without a lawful prescription; money laundering; terrorist activities; illegally fund raising activities, fraudulently charging or collecting credit card information; pirating software; or engaging in any other unlawful or fraudulent activities. |
Pornography
Customers shall not use Tuneworkz's services to engage in pornography. This includes uploading or publishing material that would commonly be considered "indecent," "appealing to the prurient interest" or referred to as "adult" material. In addition, linking to these sites is not allowed.
Intellectual Property Infringement
Customers may not engage in activities that infringe or misappropriate the intellectual property rights of others. This includes, but is not limited to, infringing copyrights, trademarks, service marks, trade secrets, software or patents held by other individuals, corporations or entities. Tuneworkz will cancel the account of any customer who knowingly infringes intellectual property laws.
Disruptive Activity and Communications
Customers must not engage in any activity that disrupts the quiet enjoyment or use of the Internet or Tuneworkzs services by others. Disruptive activities include, but are not limited to:
• Spamming: Customers are prohibited from sending, assisting, or commissioning the transmission of commercial e-mail; |
• Offensive Communication - harassment, defamation, libel and hate speech - Customers are prohibited from using our services to engage in activities that may be considered harassing, defamatory, libelous or malicious. |
We reserve the rights, at our sole discretion and without notice, to determine whether a particular activity is within scope of this prohibition.
Restrictions of Services
Customers are prohibited from involving or taking part in following activities.
a. to resell, trade, rent or exchange any of Tuneworkzs products and services to other customers and/or 3rd party users;
b. to provide account access and email services to other customers and/or 3rd party users;
c. to install 3rd party scripts or software programs in Tuneworkzs servers without acknowledgement and written consent from Tuneworkz;
d. to utilize Tuneworkzs server as email newsletter broadcasting server;
e. to send out mass mailings to other customers and/or 3rd party recipients.
We reserve the rights to cancel or suspend customer account, at our sole discretion and without notice, for situations of violate any of above stipulated acts and conditions.
Remedies and Action
In General. When we become aware of a violation of our AUP, it is at our sole discretion to respond in the manner we believe to be appropriate for stopping the offending activity, including but not limited to, removing or blocking access to material, shutting down a web site, blocking offending transmissions, deleting an account and all associated information and files. No credits or refunds will be issued for any account that is cancelled due to a violation of this AUP, whether or not it is later proven that an actual AUP violation occurred.
Presenting Complaints and Notice
We reserve the rights to use our best judgment to determine who bears the burden of proof for alleged AUP violations. We also reserve the right to take any and all action that we deem appropriate and bear no responsibility for verifying/investigating complaints and responses.
PART III. Disclaimer of Warranties
WE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. TUNEWORKZ DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
PART IV. Limitation of Liability
IN NO EVENT SHALL TUNEWORKZ BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF TUNEWORKZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. To the fullest extent permitted by law, you agree that in no event shall our maximum aggregate liability exceed the total amount paid by you for the services in dispute purchased from us.